State v. Smith
- State of North Dakota, Plaintiff and Appellee
Marquis Smith, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
Case No. 2018-CR-00048
South Central Judicial District, Burleigh County
John W. Grinsteiner
Parties' Statement of Issues
I. The trial court erred in denying the Defendant’s Motion in Limine to exclude evidence of his having accessed pornographic websites as irrelevant and prejudicial under N.D.R.Evid 403, and as impermissiblecharacter or propensity evidence prohibited under N.D.R.Evid 404(a).
II. The trial court erred by failing to provide a curative or limiting instruction on the limited permissible use of prior bad act evidence.
 Whether the district court erred in denying Smith's Motion in Limine.
 Whether the district court erred in not including a limiting jury instruction about Smith's web browser history.
Marquis Smith appeals from a criminal judgment entered after a jury found he was guilty of two counts of gross sexual imposition.
Smith was charged with two counts of gross sexual imposition. He filed a motion in limine to exclude evidence about web browser history related to pornography, arguing it was irrelevant and unfairly prejudicial. After a hearing, the district court denied his motion. A jury trial was held, and the jury found Smith was guilty of both counts.
On appeal, Smith argues the district court erred by denying his motion in limine and by failing to give a jury instruction limiting the use of the evidence.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||11/23/2018||NOTICE OF APPEAL : 11/23/2018|
|2||11/26/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|3||11/26/2018||Notice served on Steven J. Fischer and Tessa M. Vaagen|
|4||11/30/2018||ORDER FOR TRANSCRIPT : 12/04/2018|
|5||12/26/2018||ELEC. RECORD ON APPEAL DATED DECEMBER 21, 2018 (ENTRY NOS. 1-99)(NOT SENT: 81)|
|6||02/01/2019||ELEC. TRANSCRIPT DATED JUNE 22, 2018|
|7||02/01/2019||REDACTION KEY FOR TRANSCRIPT DATED JUNE 22, 2018|
|8||02/01/2019||ELEC. TRANSCRIPT DATED JULY 25, 2018 (Vol. I)|
|9||02/01/2019||ELEC. TRANSCRIPT DATED 26, 2018 (Vol. II)|
|10||02/01/2019||C.O.S. FOR TRANSCRIPTS|
|11||03/13/2019||APPELLANT BRIEF (WITHDRAWN 4/3/19)|
|12||03/13/2019||E-FILED BRIEF (PDF)|
|13||03/13/2019||APPELLANT APPENDIX (WITHDRAWN 4/3/19)|
|15||03/25/2019||Rec'd non-substantive corrections on ATB and ATA|
|16||03/27/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|17||03/27/2019||Rec'd 6 copies of ATA back from Central Duplicatin|
|18||03/27/2019||Rec'd 6 copies of Exhibit 1 DVD|
|19||04/03/2019||APPELLANT BRIEF AND APPENDIX WITHDRAWN FOR NON PAYMENT SURCHARGE|
|20||04/08/2019||1ST ELEC. SUPP. RECORD ON APPEAL DATED APRIL 5, 2019 (ENTRY NOS.81 & 101)|
|21||04/08/2019||Rec'd $25.00 for ATB e-filing (receipt #26994)|
|22||04/08/2019||MOT. EXT/TIME APPELLANT BRIEF|
|23||04/08/2019||ACTION BY CHIEF JUSTICE - Granted : 04/08/2019|
|26||04/09/2019||2ND ELEC. SUPP. RECORD ON APP. DATED APRIL 8, 2019 (ENT. NOS. 81, 100, 101, 102) (81 rec'd by mail)|
|27||05/06/2019||MOT. EXT/TIME APPELLEE BRIEF|
|28||05/06/2019||ACTION BY CHIEF DEPUTY CLERK - Granted : 06/04/2019|
|30||06/10/2019||Rec'd 6 copies ot AEB from CSD|
|31||07/05/2019||Rec'd $25 surcharge for AEB (Receipt No. 27144)|
|32||08/02/2019||NOTICE OF ORAL ARGUMENT SENT|